CLA-2-39:RR:NC:SP:221 K84367

8708.99.7360

Ms. Judy L. Cook
TG Missouri Corporation
2200 Plattin Road
Perryville, MO 63775

RE: The tariff classification of automotive weatherstrips and caps from Japan.

Dear Ms. Cook:

In your letter dated March 16, 2004, you requested a tariff classification ruling.

Samples were included with your request. Part MN 101002XA is described as a “cap lower cover.” It is made of polypropylene plastic and is designed to cover the access port in the lower cover of the steering column.

The remaining samples are automotive weatherstrips. All are made of polyvinyl chloride (PVC) plastic and all are reinforced with steel that is incorporated into the plastic during the extrusion process. Parts MR 608837, MR 608838 and MR 790829 are weatherstrips for the front door. Each of these parts is in the form of a profile shape with a uniform cross section throughout the length of the profile.

Parts MR 573523 and MR 621697 are described as bulb weatherstrips for the front door. Parts MR 641397 and MR 641398 are described as bulb weatherstrips for the door trim. Parts MR 573523, MR 621697, MR 641397 and MR 641398 each incorporate a 13 inch long bulbous sealing component tapered at each end adhered along part of their lengths. These four weatherstrips do not have a uniform cross section throughout their lengths and are not considered to be profile shapes. You have also requested a ruling on the classification of the weatherstrips if they are manufactured using noncellular ethylene propylene diene rubber (EPDM) instead of PVC.

The applicable subheading for the plastic cap lower cover, part MN 101002XA, will be 8708.99.7360, Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories for the motor vehicles of headings 8701 to 8705: other parts and accessories: other: other: other: parts for steering systems…other. The rate of duty will be 2.5% ad valorem.

The applicable subheading for Parts MR 608837, MR 608838 and MR 790829, when made of PVC, will be 3916.20.0090, HTS, which provides for monofilament of which any cross-sectional dimension exceeds 1 mm, rods, sticks and other profile shapes, whether or not surface worked but not otherwise worked, of plastics: of polymers of vinyl chloride, other. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for Parts MR 608837, MR 608838 and MR 790829, when made of noncellular EPDM rubber, will be 4008.29.2000, HTS, which provides for plates, sheets, strip, rods and profile shapes, of vulcanized rubber other than hard rubber: of noncellular rubber: other: profile shapes. The rate of duty will be 2.9 percent ad valorem.

The applicable subheading for Parts MR 573523, MR 621697, MR 641397 and MR 641398, when made of PVC, will be 3926.90.4590, HTS, which provides for other articles of plastics…other: gaskets, washers and other seals, other. The rate of duty will be 3.5 percent ad valorem.

The applicable subheading for Parts MR 573523, MR 621697, MR 641397 and MR 641398, when made of noncellular EPDM rubber, will be 4016.93.1050, HTS, which provides for other articles of vulcanized rubber other than hard rubber: other: gaskets, washers and other seals: of a kind used in the automotive goods of chapter 87, other. The rate of duty will be 2.5 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Joan Mazzola at (646) 733-3023.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division